Last reviewed: October 2026. Regulatory status changes frequently; the timeline table below reflects announcements through this date.
Red 40 is the most-used food dye in America — it’s in roughly one in five packaged products with any color added, from sports drinks to cereal to the coating on your vitamins. It’s also the dye at the center of the FDA’s 2025 plan to get petroleum-based colors out of the food supply, the subject of a warning label across the EU, and the one parents ask about most. Here’s where it stands right now, what the research says, and what still contains it.
Quick answer: is Red 40 banned?
No — Red 40 is still legal in the United States as of October 2026. The FDA asked food companies in April 2025 to voluntarily remove it (along with five other synthetic dyes) by the end of 2026, and later guidance has pointed toward the end of 2027; it is a request, not a ban. The dye that is banned is Red 3, revoked in January 2025 with a January 2027 deadline for food. Several states have gone further on their own: West Virginia bans Red 40 statewide starting 2028, and California bans it in school food from 2028. In the EU, Red 40 is legal but must carry a warning that it “may have an adverse effect on activity and attention in children.” That warning comes from a 2007 randomized trial, and it’s the one health finding on Red 40 that’s held up: a modest, real increase in hyperactivity in some children. There is no credible evidence it causes cancer.
Red 40 ban timeline: what’s actually happened
| Date | Action | Status |
|---|---|---|
| 2007 | University of Southampton randomized trial links dye-plus-benzoate mixtures to increased hyperactivity in children | Basis for all later action |
| 2010 | EU requires a child-behavior warning on any product containing Red 40 and five other dyes | In effect |
| 2011 | FDA advisory committee reviews the evidence; finds a link in sensitive children but votes against a warning label | No change |
| 2021 | California’s environmental health agency (OEHHA) concludes synthetic dyes can affect behavior in some children | Report |
| Oct 2023 | California bans Red 3 statewide (effective Jan 2027) — first state ban on a federally approved dye | Red 3 only |
| Sept 2024 | California School Food Safety Act bans Red 40 and five other dyes from public school food (effective Dec 31, 2027) | Red 40, schools |
| Jan 15, 2025 | FDA revokes Red 3 authorization; food deadline Jan 15, 2027 | Red 3 only |
| Mar 2025 | West Virginia bans Red 40 and six other dyes: school food Aug 2025, statewide Jan 1, 2028 | Red 40, statewide |
| Apr 22, 2025 | FDA/HHS announce plan to phase out Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, Green 3 by end of 2026 — voluntary, no rule | Request |
| 2025–2026 | Kraft Heinz, General Mills, PepsiCo, Nestlé, Tyson, J.M. Smucker, Hershey and others commit to removing synthetic dyes from U.S. products, mostly by end of 2027 | In progress |
| Dec 31, 2026 | Original FDA target for voluntary removal of Red 40 | Likely to slip to 2027 |
| Dec 31, 2027 | California school ban takes effect; most corporate commitments come due | Upcoming |
| Jan 1, 2028 | West Virginia statewide ban takes effect | Upcoming |
The short version: Red 40 is being pushed out by state law and corporate commitments faster than by the FDA itself. The FDA’s “phase-out” has no enforcement mechanism, so the real deadlines are the state ones and the companies’ own promises. Expect to keep seeing Red 40 on labels through 2027, with candy and beverages last to reformulate.
What is Red 40?
Red 40 — Allura Red AC, E129 in Europe — is a synthetic azo dye made from petroleum-derived chemicals. It was approved by the FDA in 1971 as a replacement for Red 2, which was banned in 1976 over cancer concerns, and it has since become the single most-used color additive in the country by volume. It’s cheap, stable in heat and acid, and produces a bright, consistent red that natural colors (beet, paprika, carmine) struggle to match in beverages.
Its job is cosmetic. It adds no flavor, no nutrition, and no preservation — it exists so that fruit punch looks like fruit, cherry candy looks like cherry, and strawberry yogurt looks pink. Every argument about Red 40 is really an argument about whether that’s worth any risk at all, which is why the EU landed on “legal with a warning” and the U.S. is landing on “please stop.”
What the research actually says
Hyperactivity in children Real, modest effect
This is the finding that matters. The 2007 Southampton study gave about 300 children drinks containing mixtures of synthetic dyes (including Red 40 in one mix) plus sodium benzoate, or a placebo, in a randomized, double-blind crossover design. Both dye mixtures increased hyperactive behavior, measured by parents, teachers, and a computer test — in children from the general population, not just those diagnosed with ADHD. The effect was small on average and varied a lot between kids: some showed nothing, some showed a clear response. The EU acted on it in 2010. The FDA’s 2011 review agreed a link existed in “certain susceptible children” but concluded the evidence didn’t support a label. California’s 2021 OEHHA review, covering 27 trials, found the same pattern and said the FDA’s acceptable-intake levels were based on decades-old studies that never looked at behavior.
The honest summary: Red 40 doesn’t cause ADHD, but in some children it can make attention and activity measurably worse, and no one can tell you in advance which children. That’s enough for a reasonable parent to limit it.
Cancer No credible evidence
Red 40 is often confused with Red 3, which was banned because it caused thyroid tumors in rats, and with Red 2, banned in 1976. Red 40 itself has not shown carcinogenic effects in the FDA’s or EFSA’s reviews. Two things do get cited: trace contaminants from manufacturing (benzidine and related aromatic amines) that are regulated to very low limits, and a 2022 mouse study where Red 40 in a high-dose diet worsened colitis and DNA damage in the gut over many months. That’s a real study, but a mouse at a dose far above human intake. EFSA opened a fresh genotoxicity review in 2024; as of this writing it hasn’t changed Red 40’s status.
Allergy and sensitivity Rare
True allergic reactions to Red 40 are documented but uncommon — hives and, rarely, more serious reactions. It’s more often an issue for people who react to multiple azo dyes. Migraine triggers are reported anecdotally without strong trial evidence.
Daily intake Context
The FDA’s acceptable daily intake is 7 mg per kg of body weight — about 490 mg a day for a 150 lb adult. A typical serving of a brightly colored drink or candy delivers somewhere between 5 and 30 mg. Adults don’t come close to the limit; children, who eat more dyed food per pound of body weight, get much nearer, and the OEHHA report noted that the FDA’s limits were never designed around behavioral effects at all.
What foods and drinks contain Red 40?
Almost anything red, orange, pink, or purple that isn’t colored by actual fruit — and a surprising number of things that aren’t red at all, where it’s blended with yellow or blue. Common categories:
- Sports and fruit drinks: red and orange Gatorade flavors, Powerade, Hawaiian Punch, Kool-Aid, red-flavored Capri Sun
- Soda: Fanta Orange (with Yellow 6), Sunkist, Mountain Dew Code Red, Big Red, cherry and strawberry sodas. Colas don’t use it — their color is caramel.
- Candy: Skittles, M&M’s, Starburst, Swedish Fish, Twizzlers, Nerds, most gummies
- Cereal and snacks: Froot Loops, Trix, Lucky Charms marshmallows, Doritos, Flamin’ Hot Cheetos, Takis, Cheez-It (some flavors)
- Dairy and dessert: strawberry milk, flavored yogurt, Jell-O, popsicles, cake mix and frosting, maraschino cherries
- Medicine and vitamins: children’s liquid medicines, chewable vitamins, pill coatings — Red 40 in drugs is also covered by the FDA’s 2025 phase-out guidance
On a label it appears as “Red 40,” “FD&C Red No. 40,” “Red 40 Lake” (the insoluble form used in coatings and candy shells), or “Allura Red.” Products reformulating under the 2025–2027 commitments typically replace it with beet juice, paprika extract, carmine (from insects), or anthocyanins from purple carrot and black currant.
Is Red 40 bad for you?
FittBeat verdict
Not dangerous for most adults. Worth avoiding for kids. The cancer fears belong to other red dyes; Red 40’s documented harm is behavioral, modest, and concentrated in children — which is precisely the group eating the most of it. It does nothing but color food, so there’s no benefit to weigh against the risk. For adults, it’s low on the list of things to worry about on a label. For a child who seems to react to brightly colored foods, it’s the first thing to cut, and the EU warning label and the FDA phase-out both say you’d be right to.
How to avoid Red 40
- Read the color line. It’s at the end of the ingredient list. “Color added” or “artificial color” without a name is rare now; look for Red 40, Red 40 Lake, or Allura Red.
- Be suspicious of red, orange, and purple drinks. If it’s that color and lists no fruit juice, it’s almost certainly dyed. Clear and brown sodas don’t use it.
- Check kids’ medicine. Many liquid fever reducers and allergy meds are dyed; dye-free versions of most exist.
- Watch for the swap. Through 2027, products are quietly reformulating. The same brand can be dyed in one package and dye-free in the next; the label, not the brand, tells you which.
Red 40 is one of the two dyes in most dyed foods; its usual partner is Yellow 6, and the two together are covered in our Fanta breakdown. See the full ingredients index for every product we’ve checked for dyes.
Frequently asked questions
Is Red 40 banned in the United States?
No. As of October 2026 it’s still FDA-approved. The FDA asked companies in April 2025 to voluntarily stop using it by the end of 2026 (later guidance points to 2027), and West Virginia and California have passed their own bans taking effect in 2027–2028. Red 3 is the dye that was actually banned.
Is Red 40 banned in Europe?
No, but products containing it must carry a warning that it may affect activity and attention in children. Most European manufacturers reformulated rather than print the warning, so it’s much less common there in practice.
Does Red 40 cause ADHD?
It doesn’t cause ADHD. Randomized trials show it can modestly increase hyperactivity and reduce attention in some children — including kids without any diagnosis — for hours after eating it. The effect varies widely between children.
Does Red 40 cause cancer?
There’s no credible evidence that it does. It’s often confused with Red 3 (banned over thyroid tumors in rats) and Red 2 (banned in 1976). A 2022 mouse study linked very high doses to gut inflammation, which EFSA is reviewing.
What is the difference between Red 40 and Red 3?
Different molecules. Red 3 (erythrosine) is a pink-red iodine-based dye that was banned in January 2025 because it caused cancer in lab rats. Red 40 (Allura Red) is an orange-red azo dye with a behavioral — not cancer — concern. Red 40 is far more widely used.
What foods have Red 40?
Red and orange sports drinks, fruit punch, Fanta, Sunkist, Skittles, M&M’s, Starburst, Froot Loops, Doritos, Flamin’ Hot Cheetos, strawberry yogurt and milk, Jell-O, and many children’s liquid medicines. It appears on labels as Red 40, Red 40 Lake, or Allura Red.
What is replacing Red 40?
Beet juice, paprika and annatto extracts, carmine (from cochineal insects), lycopene, and anthocyanins from purple carrot, black currant, or red cabbage. These are less heat- and acid-stable and often less vivid, which is why candy and soda are reformulating last.
How much Red 40 is safe?
The FDA’s acceptable daily intake is 7 mg per kg of body weight — roughly 490 mg a day for a 150 lb adult. A serving of dyed candy or drink has about 5–30 mg. Children are more likely to approach meaningful intakes relative to body weight.
Sources
- McCann D, et al. Food additives and hyperactive behaviour in 3-year-old and 8/9-year-old children in the community. The Lancet, 2007. doi:10.1016/S0140-6736(07)61306-3
- California OEHHA. Health effects assessment: potential neurobehavioral effects of synthetic food dyes in children, April 2021. oehha.ca.gov
- HHS and FDA. HHS, FDA to phase out petroleum-based synthetic dyes in nation’s food supply. April 22, 2025. fda.gov
- U.S. FDA. FDA to revoke authorization for the use of Red No. 3 in food and ingested drugs. January 15, 2025. fda.gov
- Kwon YH, et al. Chronic exposure to synthetic food colorant Allura Red AC promotes susceptibility to experimental colitis via intestinal serotonin in mice. Nature Communications, 2022. doi:10.1038/s41467-022-35309-y
- EFSA. EFSA evaluates Southampton study on food additives and child behaviour, 2008. efsa.europa.eu
- U.S. FDA. Color additives questions and answers for consumers. fda.gov
- Center for Science in the Public Interest. Synthetic dyes corporate commitment tracker (reformulation pledges by company). cspi.org
State law details from California AB 2316 (School Food Safety Act, 2024) and West Virginia HB 2354 (2025) as enacted.
This article is for informational purposes and is not medical advice. Talk to a doctor or registered dietitian about your individual nutrition needs.

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